AIR 2004 (NOC) 380 (AP) ::2004 A I H C 1981 ::(2004) 2 LACC 379 ::(2004) 2 AndhLD 105 ::(2004) 2 Andh LT 259 ::(2004) 3 ICC 18

Andhra Pradesh High Court

Hon'ble Judge(s): B. Sudershan Reddy, K. C. Bhanu , JJ

(A) Civil P. C. (5 of 1908) , S.151— Recall of order - Permissibility - Application for recall for order passed in writ petition - Earlier petition for review of same order passed in the writ petition was dismissed without condoning delay - Special Leave Petition against order dismissing review petition was filed before Supreme Court - Dismissal of Special Leave Petition by Supreme Court 'both on ground of delay and merits' - Subsequent petition to recall the same order passed in writ petition which was subject-matter of challenge before Supreme Court in SLP not maintainable - It would result in disturbing finality of orders. In the instant case the writ petition filed by the writ petitioners was allowed by this Court A review petition was filed by respondent along with a petition to excuse the delay of 91 days. The Court dismissed the petition to condone the delay resulting in dismissal of the review petition. Special leave petitions were filed for leave to appeal in the Supreme Court against the dismissal of petition to condone the delay as well as the main order rendered in the writ petition. The said Special Leave Petitions were dismissed 'both on the ground of delay and merits'. The present application has been filed by respondent to recall the self-same order, which was the subject matter of challenge in the SLPs in the Supreme Court and after the cha....